Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Efektifitas Perizinan Berusaha Berbasis Risiko dalam Rangka Kemudahan Berusaha
Get PDFEvery businessmen in Indonesia, both individuals and legal entities, is required to have legality in the form of a business license before starting or running a business activity. Based on Law Number 11 of 2020 concerning Job Creation, the current business license is risk-based business license, namely a business license based on the level of business scale and risk determination of business activities. The Online Single Submission Risk Based Approach (OSS-RBA) system is a system that integrated with the OSS institution which functions to administer risk-based business licensing. The implementation of risk-based business licensing through OSS-RBA system is expected to provide speed, certainty, convenience and transparency for businessman. As a result, it creates ease of doing business that can increased investment in Indonesia. This study aims to determine how the implementation and effectiveness of risk-based business licensing in providing ease of doing business from perspective of businessmen. This research used non-doctrinal or empirical legal method. The result of this study is that risk-based business licensing through OSS-RBA system still has obstacles where the system and its application are still in the process of being improved so the effectiveness of the new business licensing arrangements and systems are still not optimal
Perlindungan Hukum Pendaftaran Jaminan Fidusia Secara Online Melalui Kantor Notaris Nurhasanah, SH, M.Kn
Get PDFThis study aims to identify and identify: (1) the implementation of fiduciary guarantee registration at the law and human rights office through the Notary Nurhasanah, SH, M.Kn office, (2) online obstacles in registering fiduciary guarantees at the law and human rights office through Notary office of Nurhasanah, SH, M.Kn and (3) solutions and solutions in overcoming obstacles in registering fiduciary guarantees at the law and human rights office through the office of Notary Nurhasanah, SH, M.Kn. This research is an empirical research research using a sociological juridical approach, which is a type of research that emphasizes field research based on data obtained from field research or certain places. The resource persons of this research are Notary Nurhasana, SH, M.Kn. The sampling technique used is purposive sampling. The analytical method used in this research is qualitative analytical thinking method and the conclusion is drawn using inductive thinking method. The results of this study indicate that the registration of fiduciary guarantees with this online system makes it easier for notaries to register fiduciary guarantees and does not take a long time where registration can be completed within a few minutes within a period of 30 (thirty) days from the signing of the fiduciary guarantee deed in order to obtain the legal force of the fiduciary guarantee deed. Obstacles in the electronic fiduciary registration process are incomplete data provided by the bank, and the unprepared Information Technology (IT) device to support the implementation of national electronic fiduciary registration. new fiduciary guarantee and immediately register the fiduciary guarantee online through a notary
Penegakan Hukum Oleh Kepolisian Resor Tanjung Jabung Barat terhadap Pelaku Tindak Pidana Penadahan
Get PDFNowadays, there are many criminal acts committed by humans to achieve the desired goals, including committing criminal acts of holding goods resulting from criminal acts. The research method used in this study is empirical juridical so that it examines first related to the occurrence of criminal acts of detention in Tanjung Jabung Barat, then linked to the legal rules regarding detention, namely Article 480 of the Criminal Code (KUHP) is descriptive and the source is library research (liberty research) and field research (field research). In this study, the approach used is socio-legal research and the data analysis is qualitative analysis. The results of this study explain that law enforcement by the Tanjung Jabung Barat Resort Police against perpetrators of criminal acts of detention is not maximally carried out in accordance with the provisions/procedures of law enforcement officers, both at the level of investigation, prosecution and at the level of court judge decisions. Because it involves actors with a well-organized network. The obstacle faced is the provisions of Article 12 paragraph (2) of the Criminal Code which only regulates the general maximum law and the general minimum law which causes the judge's decision to be weak (depending on the judge only) so that the possibility of a sense of deterrence for the perpetrators of detention is very far away and due to factors it is difficult to find and identify places of detention, the detention is carried out because it has a hidden or hidden network and has a very neat cooperation, making it difficult to uncover and trace it and the efforts made to overcome the obstacles are to take strict action by law who is proven to have held detention, by seek to provide a more severe punishment, conduct raids in places/shops suspected of buying stolen goods, pawnshops and so on, approaches through religion, counseling in the field of law and so on
Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi
Get PDFThe COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK & PKPU provide legal protection to debtors in the midst of the covid-19 pandemic so they don't fall into bankruptcy through PKPU as stipulated in article 222 of the UUK & PKPU. The type of research used is normative legal research. The practice of paying debts through applications for postponement of debt payment obligations (PKPU) based on Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which starts from the procedure for submitting a PKPU application, temporary PKPU, publication of PKPU decisions, receipt of invoices, making a list of temporary receivables, implementation of the reconciliation meeting for the preparation of a list of permanent receivables, a discussion meeting on the reconciliation plan which includes restructuring of offers to creditors related to the reconciliation plan. The postponement of debt payment obligations (PKPU) is not enough to provide an opportunity for debtors with good intentions to carry on their business. Because the peace process is determined by the creditor, the UUK & PKPU require a reconciliation process with the approval of the creditor. The rules of Article 229 UUK & PKPU give full power to creditors, this causes debtors to depend on the decisions of creditors
Upaya Hukum Penyelesaian Sengketa Barang Milik Negara Berupa Aset Tanah Pangkalan Udara
Get PDFBased on Government Regulation No. 27 of 2014 on The Management of State/Regional Property, Users of Goods / Power of Goods Users are authorized and responsible in securing and maintaining State Property (BMN) which is in its control. Land problems in the Indonesian Air Force (TNI AU) of Srimulyono Herlambang (SMH) area in Palembang cannot be handed over to the community or removed from state property records, unless there has been a court decision with permanent legal force and get permission from the Ministry of Finance. This research aims to find out how the procedures in land use based on Government Regulation Number 27/2014 as well as the resolution of disputes over land rights of State Property at Sri Mulyono Herlambang (SMH) Air Base in Palembang. The research method used is a case study. The results of the research revealed that the Physical Use of Land by the Indonesian Air Force is that the TNI AU Cq. Sri Mulyono Herlambang Air Base has controlled the physical area of 260 ha in Sukarami Village, but the Owner's (community) has controlled the physical land for more than 20 years and there has been a basis of rights from the owner's in the form of land certificates from the Village Head / Lurah and camat that can be used as the legal basis for applying for the right to obtain a certificate of property rights for the land he controlled at the Land Office of Palembang City
Perlindungan Hukum Bagi Kreditor dalam Kepailitan di Sektor Hulu Minyak dan Gas Bumi
Get PDFOne of the challenges or problems that develop during upstream oil and gas industry operations is bankruptcy. The oil and gas upstream industry faces a variety of challenges. These problems include managing Indonesia's oil and gas deposits, which are now concentrated mostly in the western half of the country, and the nation's small domestic oil and gas reserves in compared to other countries. Despite the fact that Indonesia's reserves cannot be described as substantial, they are nonetheless significant given the country's enormous population. A normative juridical methodology was employed to write this journal. Temuan penelitian tersebut dirinci dalam artikel jurnal ini mengenai status kasus kepailitan yang masih beredar di Indonesia, negara yang ekonominya sedang memasuki tahap krisis akibat penyebaran global pandemi Covid-19. In order for the data in bankruptcy cases to once more indicate a rise in the number of Commercial Court registrations
Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika
Get PDFAbstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself
Penyelesaian Tindak Pidana Penganiayaan di Wilayah Hukum Kepolisian Sektor Pasar Jambi (Studi LP No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi)
Get PDFThe act of persecution is a prohibited act and this is not justified according to the Criminal Code as regulated in Article 351 of the Criminal Code. Persecution is an act that is intended to cause pain or injury to another person, the perpetrator intends to cause pain or torture as a result of the act such as hitting, kicking, kicking, scratching and others. This study aims to obtain a more in-depth picture of the factors causing the occurrence of criminal acts of persecution that occurred in the jurisdiction of the Jambi market sector police department, Jambi City with Police Report Study No: B/32/X/2021/Polsek Pasar Jambi/Polresta Jambi/Polda Jambi, efforts to resolve criminal acts and obstacles found in the process of resolving criminal acts of persecution. The method used in this study is an empirical research method with the type of case study research. The subjects in this study were 1 head of crime department, 1 investigator, 1 perpetrator, and 1 victim. Data collection methods in this study used interviews and observation. The conclusion in this thesis is that the persecution that occurred in the Jambi Market Police Sector Law was influenced by the factor that the perpetrator felt annoyed and angry with his girlfriend and his ego was too high, so that the perpetrator carried out the abuse. The process of resolving the persecution case in the Jambi Market Police Sector Legal Area is carried out through an investigation, by asking for information between the perpetrator and the victim, because this problem is a complaint offense, meaning that this case can be stopped and withdrawn by the reporting party and peaceful
Implementasi Penyelesain Sengketa Informasi Publik pada Komisi Informasi Provinsi Jambi
Get PDFThe existence of the Jambi Provincial Information Commission is expected to be able to resolve public information disputes effectively and efficiently so that the information disclosure mandated by Law Number 14 of 2008 concerning Public Information Disclosure can be realized. However, as an institution that was newly formed in 2014, of course, it cannot be separated from various limitations that affect the implementation of the Information Commission's functions. Therefore, this study aims to further examine how the implementation of public information dispute resolution at the Information Commission in Jambi Province. According to this purpose, this research is an empirical legal research with a socio legal research approach. The data used in this study are dispute resolutions carried out for the last 3 (three) years from 2019 to 2021. These data were collected through interviews with members of the Information Commission who were related and who understood the problem under study and conducted studies on various documents relevant. From the results of the study, it is known that the Jambi Information Commission has carried out the resolution of the information dispute as determined, but in its implementation it can be said that it has not been carried out effectively and efficiently, because only a small part can be resolved quickly through mediation, most of the others must be resolved further through the process. non-litigation adjudication which consists of several stages so it requires more time. In addition, because not all decisions handed down by the Commission can be accepted by the disputing parties, they will proceed to court.
Kewenangan Badan Pemeriksa Keuangan dan Pembangunan (BPKP) Melakukan Audit Investigasi Guna Menentukan Kerugian Keuangan Negara
Get PDFThe purpose of this study is to identify and understand and analyze in depth the authority of the Financial and Development Supervisory Agency in conducting investigative audits. The problems raised in this study discuss the authority of the Financial and Development Supervisory Agency in conducting investigative audits and what are the Implications of the Financial and Development Supervisory Agency's Investigation Audit on State Financial Losses in Law Enforcement. This study uses a normative method with the steps of description, systematization and explanation of the contents of positive law in depth using a concept approach, a law approach and a case approach using a systematic synchronization analysis. The results showed that the feedback from the investigative audit enabled the realization of financial management and supervision reforms including the integration between activity planning and budgeting. Thus, fiscal transparency and accountability are very urgent in reforming the management and supervision of state finances, because transparency and accountability in managing state finances can reduce state losses. As the government's internal auditor, the Financial and Development Supervisory Agency is authorized to supervise finance and development. On the other hand, the Financial and Development Supervisory Agency has the authority to conduct investigative audits to determine whether or not there has been a loss in state finances at the request of law enforcement. The implications of the investigative audit carried out by the Financial and Development Supervisory Agency in addition to imposing an obligation on financial managers to return state financial losses based on the results of the investigative audit, the results of the investigative audit also have consequences in the law enforcement process, because the results of the investigative audit are in the form of documents and information provided by auditors in court can affect the judge's confidence in the examination of the trial in court